Mason says she learned of Gray case when investigation started

Nov. 19, 2012

University of Iowa President Sally Mason congratulates students during the UI College of Law commencement ceremony at the Iowa Memorial Union on Friday, May 11, 2012. / David Scrivner / Iowa City Press

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University of Iowa President Sally Mason said she first became aware of sexual harassment concerns involving an academic adviser a month before he resigned, despite alleged incidents involving Peter Gray that dated back to the 1990s.

Mason said during a telephone interview Monday with The Des Moines Register that Gray, an adviser in the athletic department, was immediately placed on leave when she and Athletic Director Gary Barta found out during the first week of October that there were questions about Gray’s conduct.

The comments provided the first detailed picture of when top administrators at Iowa became aware of the problems surrounding Gray, who resigned Nov. 5.

“There was a complaint filed in early October,” Mason said. “I didn’t ask who made the complaint and I don’t know who made the complaint. Once a complaint is filed, though, our policies trigger an investigation.”

A U of I investigative report obtained by the Iowa City Press-Citizen determined there was a “reasonable basis to conclude” that Gray violated the school’s sexual harassment policy. Among other things, the report contended he provided football tickets and money for sexual favors and inappropriately touched student-athletes.

Gray, who worked for Iowa from 1993 to ’95 and again from 2002 until early this month, conducted one-on-one counseling this semester with members of the women’s basketball, men’s golf, and men’s and women’s swimming teams. The report indicated there were previous questions about Gray’s conduct during his first employment stint at Iowa, but it’s unclear about the timing of incidents or how many were alleged to have occurred.

In an email Monday, university spokesman Tom Moore said the precise date that Mason and Barta first became aware of any and all incidents involving Gray was Oct. 5.

Last week Mason announced changes that included new oversight of the compliance and student services departments in athletics because of “lapses and concerns about timely reporting of incidents.”

“I was traveling, so I didn’t have a chance to read the full report until early last week,” Mason said of the six-page report that was first published by the Iowa City Press-Citizen on Friday, Nov. 9. “I began to immediately ask questions and put in place those extra steps (department oversight).”

The most concerning element of the investigation’s findings and her own research, according to Mason, was the lapse in the timely reporting of concerns about Gray’s actions.

Mason has previously required sexual-harassment training for all university employees, and current U of I policy mandates reporting of all complaints to campus officials.

“We don’t think there are many lapses in this, but obviously there were lapses,” she said. “That’s very disturbing to me. Those situations could potentially lead to serious harm.

“That’s the reason we have the training in the first place.”

Mason said she has not spoken with Gray since the wrap-up of the investigation, conducted by the U of I Equal Opportunity and Diversity Office and a top human resources official — which was finalized Oct. 24, according to records.

“I didn’t ask Peter Gray why he left,” Mason said. “I don’t think anyone’s asked him why he left, so I can’t comment on that. I read the report just as you have, and it certainly says it was a violation of sexual-harassment policy.”

What happened between Oct. 24 and Nov. 5, the day Gray resigned?

“By state statute, the university cannot discuss confidential personnel details,” university spokesperson Moore said Monday. “In general, when an at-will employee resigns, he or she gives up the right to go through the administrative review process, which can take a number of weeks.”

When asked why Gray was allowed to resign after the investigation and report were completed, rather than be fired, Mason cited due process.

“When a complaint is filed, what we typically do, the individual is placed on leave and is no longer in the workplace so no further harm or incidents can occur — then you go from there,” Mason said.

“Beyond that, I’m not going to speak about a personnel record, since it’s against an Iowa statute.”

Iowa law, some attorneys argue, allows for disclosure of employee information in situations like this — at the discretion of leadership such as Iowa’s president.

“My lawyers are telling me something very different,” Mason said. “So at this time, I guess we’re going to have to disagree on that one.”

The potential for the university or its representatives to face lawsuits remains a concern, she said. “You never know. Those are unpredictable things,” Mason said.

Iowa has faced questions and criticisms about openness and transparency related to athletic department incidents in the past.

“I very much appreciate how much the media and public want to know as much as they possibly can,” Mason said. “We try very hard to share as much as we can when we know it, in the confines of what’s most appropriate for people.”

During the summer, Mason made comments about perceived failures related to response and transparency at Penn State after iconic football coach Joe Paterno was fired and an assistant coach, Jerry Sandusky, was sentenced to prison for sexually abusing children for years.

Mason said the difference in this situation is the timeliness of the response from top administrators.

“I hope that they’ll pay closer attention to the full scope of the details of this situation,” Mason said of potential critics of Iowa’s handling of the Gray case. “It’s a very different situation than Penn State, and was dealt with immediately once we heard about a complaint.”